Case law

MacE Ex Rel. Revill v. City of Palestine, Texas

213 F. Supp. 2d 691 · District Court, E.D. Texas · Feb 8, 2002

The defense of qualified immunity, however, protects § 1983 defendants from liability for civil damages when performing discretionary functions, unless such conduct violates a clearly established constitutional or statutory … In considering the merits of a qualified immunity defense in excessive force cases, like this one, courts previously considered whether the right was clearly established and, if so, whether, in light of such clearly established

Ross v. Beckham County Board of County Commissioners

61 F. App'x 620 · Court of Appeals for the Tenth Circuit · Mar 31, 2003

able to prove, but whether certain given facts showed a violation of “clearly established” law. … “The doctrine of qualified immunity shields individual government officials performing discretionary functions ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or

Pham v. University of Louisiana at Monroe

194 F. Supp. 3d 534 · District Court, W.D. Louisiana · Jul 13, 2016

On the other hand, the clearly established prong does not necessarily require a case- “directly on point.” See Morgan v. … Jackson is entitled to qualified immunity. 2.Dr. El Sayed Dr. El Sayed is also entitled to qualified immunity.

Wendell Domina v. George VanPelt

235 F.3d 1091 · Court of Appeals for the Eighth Circuit · Dec 26, 2000

show a violation of clearly established law. … The commissioners would nonetheless be protected by qualified immunity if in early 1998 (the time of their alleged misconduct) it was not clearly established that the speech in which Mr.

Young v. Martin

51 F. App'x 509 · Court of Appeals for the Sixth Circuit · Oct 21, 2002

a violation of clearly established law.” … Qualified Immunity Under the doctrine of qualified immunity, “government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly

Kennedy v. Lehman

328 F. App'x 16 · Court of Appeals for the Second Circuit · May 6, 2009

A grant of qualified immunity allows public officials to be “shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … Be *20 cause the Individual Defendants did not violate a First Amendment right clearly-established as of 2002, we conclude that they are entitled to qualified immunity, and the district court must be reversed.

Smith v. State of Ala.

996 F. Supp. 1203 · District Court, M.D. Alabama · Feb 27, 1998

Where the law that the defendant allegedly violated was not clearly established at the time of the alleged offense, the defendant is entitled to qualified immunity. … The court will first determine if Smith’s rights under the equal protection clause were clearly established for purposes of qualified immunity.

Goodrich v. Everett

193 F. App'x 551 · Court of Appeals for the Sixth Circuit · Aug 24, 2006

The defendants moved for summary judgment on the ground that they were protected by qualified immunity. The district court applied the two-prong test for qualified immunity set forth in Saucier v. … “When the defense of qualified immunity is raised, it is the plaintiffs burden to prove that the state officials are not entitled to qualified immunity.” Ciminillo v. Streicher, 434 F.3d 461, 466 (6th Cir.2005).

Campbell v. Erie Township

133 F. Supp. 2d 953 · District Court, E.D. Michigan · Mar 7, 2001

Creighton, 483 U.S. 635, 638 , 107 S.Ct. 3034 , 97 L.Ed.2d 523 (1987) A government official is not entitled to qualified immunity if his conduct results in the violation of a clearly established statutory or constitutional … To withstand a motion for summary judgment based on a claim of qualified immunity in the Sixth Circuit, a plaintiff must establish two things.

Chad Kelley, in His Capacity as Jefferson County Corner and Individually v. Bryan Adams, Brandon Adams, and Skylar Wilson

2024 Ark. App. 440 · Court of Appeals of Arkansas · Sep 18, 2024

We have stated that section 21-9-301 “establishes . . . an immunity defense.”6 We have also said that section 21-9-301 provides immunity from civil liability for negligent acts but not for intentional torts.7 Kelley … He contends that common-law qualified immunity protects public officials “from liability in their individual capacity unless they violate a clearly established right of which a reasonable person would know.”

Chris Veneklase v. City of Fargo

78 F.3d 1264 · Court of Appeals for the Eighth Circuit · Mar 6, 1996

Because we agree that plaintiffs did not have a clearly established right after Frisby to picket as they did on October 10, 1991, we hold that the defendant officers are entitled to qualified immunity. … Although the qualified immunity issue before us concerns whether plaintiffs had a clearly established right on October 10, 1991, to picket as they did in front of the administrator's home, we note that Madsen left unresolved

Stephen G. Loftus v. Ester Clark-Moore

Court of Appeals for the Eleventh Circuit · Aug 13, 2012

The district court ruled that Clark-Moore and Ferguson were entitled to qualified immunity because neither social worker had violated a clearly established federal right of Loftus or his children. … Ferguson is entitled to qualified immunity because the threats that she allegedly made did not violate any clearly established federal right.

McGovern v. City of Minneapolis

480 N.W.2d 121 · Court of Appeals of Minnesota · Jan 21, 1992

Qualified immunity The individual officers argue they are entitled to qualified immunity against respondents’ claims under 42 U.S.C. § 1983 . We agree. … Whether qualified immunity exists turns on whether the officials violated clearly-established statutory or constitutional rights, the existence of which a reasonable person would have known.

Browning v. Snead

886 F. Supp. 547 · District Court, S.D. West Virginia · May 17, 1995

Doory, 14 F.3d 993, 995 (4th Cir.1994) our Court of Appeals discussed generally the application of qualified immunity as follows: “Qualified immunity shields a governmental official from liability for civil monetary damages … if the officer’s ‘conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.’

Amtreco, Inc. v. O.H. Materials, Inc.

802 F. Supp. 440 · District Court, M.D. Georgia · Oct 13, 1992

for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known. … Assuming that plaintiffs had constitutional rights protecting them from the alleged wrongful conduct of the federal defendants, these rights are obviously not clearly established.

M.M.T. v. United States

337 F. Supp. 3d 1099 · District Court, W.D. Washington · Aug 30, 2018

The Court will only address the qualified immunity issue because the Government and Taitano are obviously entitled qualified immunity and it is unnecessary to engage in a detailed, multi-factor analysis to determine whether … Therefore, Taitano is entitled to qualified immunity. See , e.g. , United States v.

Childress v. Walker

943 F. Supp. 2d 1332 · District Court, M.D. Alabama · Apr 30, 2013

Overview of Qualified Immunity “Qualified immunity offers complete protection for government officials sued in their individual capacities if their conduct ‘does not violate clearly established statutory or constitutional … If the plaintiff cannot prove that the officer’s conduct violated a clearly established constitutional right, then qualified immunity applies.

Jaglowicz v. Bethel Township

178 F. Supp. 3d 262 · District Court, E.D. Pennsylvania · Apr 14, 2016

Qualified Immunity Chief Worrilow and the five township supervisors invoke qualified immunity. Ja-glowicz having conceded that Worrilow has no liability, we consider qualified immunity for the five township supervisors. … In other words, if we find that the alleged right was not clearly established, the inquiry ends and the official is entitled to qualified immunity.

Fernando Jacquez v. R.K. Procunier

801 F.2d 789 · Court of Appeals for the Fifth Circuit · Oct 10, 1986

Qualified immunity shields state officials from liability unless their conduct violates “clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. … Forsyth stated, “[ujnless the plaintiff’s allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery.” 472 U.S.

Moore v. Tri-City Hospital Authority

696 F. Supp. 1496 · District Court, N.D. Georgia · Jun 27, 1988

Gable, 823 F.2d 723, 733 (3d Cir.1987) (qualified immunity defense rejected in patronage dismissal of a policeman because “as of 1982 the law was ‘clearly established’ that a public employee could not be demoted in retaliation … Qualified Immunity (6) Whether defendants are entitled to qualified immunity in their individual capacities on either of plaintiff’s claims?